when noddleing in Oklahoma's creeks and rivers and you don't step foot on the bank owned by another are you trespassing. An how does the new trespass law handle this issue. Land trespass while noddleing may be a thorny issue an needs some looking at. Any thoughts on this would be helpful.
noddleing and trespass laws ???
1 - 9 of 9 Posts
Joined
·
94 Posts
This comes from the ODWC website...
"Can I canoe and/or fish on streams in Oklahoma that flow through private lands?
Technically, you can canoe and fish on Oklahoma streams, however, private land laws apply to the bottom of the river and to the riverbanks. Canoeists and stream anglers should exercise caution with such pursuits. In many cases getting out of your canoe to wade in the river and/or accessing the banks of streams can be considered trespassing. "
Seeing as how the laws apply to the BOTTOM of the stream... I'd say noodling in a stream going through private land could be considered trespassing. I have often wondered this myself. I knew you could float through and fish, but had never read the regulation applying to the bottom of the stream until I was looking this up. I guess it makes sense, I would really want a bunch of noodlers coming through my honey hole and yankin out all the big uns. But I am a noodler too, so I like walkin up the river and feelin the banks.
"Can I canoe and/or fish on streams in Oklahoma that flow through private lands?
Technically, you can canoe and fish on Oklahoma streams, however, private land laws apply to the bottom of the river and to the riverbanks. Canoeists and stream anglers should exercise caution with such pursuits. In many cases getting out of your canoe to wade in the river and/or accessing the banks of streams can be considered trespassing. "
Seeing as how the laws apply to the BOTTOM of the stream... I'd say noodling in a stream going through private land could be considered trespassing. I have often wondered this myself. I knew you could float through and fish, but had never read the regulation applying to the bottom of the stream until I was looking this up. I guess it makes sense, I would really want a bunch of noodlers coming through my honey hole and yankin out all the big uns. But I am a noodler too, so I like walkin up the river and feelin the banks.
research and answer. This is a sticky question for many fine noddlers out there an better be in thier minds lol because the new trespass law makes it automatic trespass if you can't show premission. So have it in writing or a cell phone number for conservation officers to see. Thanks again
Joined
·
47 Posts
The State owns the water flowing in the creek.
Story time, my wife's family owns gorgeous Elk Creek property. They keep the land looking like a Marlboro commercial. Complete with flowing springs, clear cool water, I caught 60 small mouths in one day! However, lots of campers and kayaks, who throw trash out on the ground, (all private property) If you get too rough with them they know where you live and may pay you a visit later. I have yelled at them to get off the property, called the sheriff and now have the solution. I know you are going to love this. Liability Insurance for everyone! No, not Obama care.
My in-laws only gripe is that these folks dont have any insurance if they get hurt or set the woods on fire. The land owner is liable. The land owner has no option except to run them off. It really sucks for both parties.
I purchased insurance to take my customers fishing cost me $3,500. I dont wish that on anyone. I am not saying for all of us to pay this much. You cant use one of the large insurance companies like I do, it would be too expensive. Maybe USCA can get into the insurance business?? If land owners knew you had liability insurance covering your person and property. They may have a change of heart?
Thoughts?
Story time, my wife's family owns gorgeous Elk Creek property. They keep the land looking like a Marlboro commercial. Complete with flowing springs, clear cool water, I caught 60 small mouths in one day! However, lots of campers and kayaks, who throw trash out on the ground, (all private property) If you get too rough with them they know where you live and may pay you a visit later. I have yelled at them to get off the property, called the sheriff and now have the solution. I know you are going to love this. Liability Insurance for everyone! No, not Obama care.
My in-laws only gripe is that these folks dont have any insurance if they get hurt or set the woods on fire. The land owner is liable. The land owner has no option except to run them off. It really sucks for both parties.
I purchased insurance to take my customers fishing cost me $3,500. I dont wish that on anyone. I am not saying for all of us to pay this much. You cant use one of the large insurance companies like I do, it would be too expensive. Maybe USCA can get into the insurance business?? If land owners knew you had liability insurance covering your person and property. They may have a change of heart?
Thoughts?
Joined
·
94 Posts
My thoughts... you lost me after the first line...
Joined
·
440 Posts
You lost me. Both of us have college degrees too
Joined
·
10 Posts
come winter I am a avid duck hunter and have read about a guy getting a ticket for dropping anchor in the red...as well as for allowing his dog to touch the bottom/bank while chasing down a cripple...2 wardens showed up 1 from TX and the other from here...
seems like the fines were crazy too , not only was it tresspass but they nailed them for poaching er some such crap too... JFYI
seems like the fines were crazy too , not only was it tresspass but they nailed them for poaching er some such crap too... JFYI
Joined
·
47 Posts
OK, I am also a college grad, (OSU 1984) Way back in 1990 a game ranger checked me and my buddies fishing license while we were noodling a creek in Southern OK. We had our license on us, but, we did not have written permission to be touching the bank. He asked us to leave. Obviously the land owner called him. Now I only noodle public property.
In a nut shell, The state owns all the flowing water in OKlahoma. i.e. {Creeks, Rivers, Drainage, Canals, etc.} The state also owns most of the stagnant water. i.e. {Lakes, Corps of Engineers reservoirs, national park waters, City lakes, ponds, tanks etc}
Now, if a person digs a pond or lake on their own property, of course, they also own the water, if they fill the lake themselves.
The land under the river can be owned by a plethora of institutions, i.e. private property, state, city, township, or federal government. The owners may own the land under the river however, don't own the water itself. It's perfectly legal for a person to stay in a canoe, boat or inner tube floating down the river. However, they can only step foot on shore if the land is owned by a public institution or they have written trespass permission from the land owner.
What I was trying to say was that my In-Laws own a gorgeous piece of land and have to put up with daily canoe trips and folks who think they can pitch a tent anywhere they wish. Rivers are like highways, it's not legal to stop and pitch a tent along the highway, neither can you can't do it on private property, unless you have permission.
Most folks don't realize this or even care. I have noodled since I was a kid, however, I stick to state owned property. Most noodlers noodle on private property without permission. Sorry thats the law.
A nice gentlemen went to the trouble to post the ODWC land access in a earlier post or on another page. If you ever own a nice stretch of land along a creek or river, expect company on a daily basis.
In conclusion, the state of OK owns the water itself.
In a nut shell, The state owns all the flowing water in OKlahoma. i.e. {Creeks, Rivers, Drainage, Canals, etc.} The state also owns most of the stagnant water. i.e. {Lakes, Corps of Engineers reservoirs, national park waters, City lakes, ponds, tanks etc}
Now, if a person digs a pond or lake on their own property, of course, they also own the water, if they fill the lake themselves.
The land under the river can be owned by a plethora of institutions, i.e. private property, state, city, township, or federal government. The owners may own the land under the river however, don't own the water itself. It's perfectly legal for a person to stay in a canoe, boat or inner tube floating down the river. However, they can only step foot on shore if the land is owned by a public institution or they have written trespass permission from the land owner.
What I was trying to say was that my In-Laws own a gorgeous piece of land and have to put up with daily canoe trips and folks who think they can pitch a tent anywhere they wish. Rivers are like highways, it's not legal to stop and pitch a tent along the highway, neither can you can't do it on private property, unless you have permission.
Most folks don't realize this or even care. I have noodled since I was a kid, however, I stick to state owned property. Most noodlers noodle on private property without permission. Sorry thats the law.
A nice gentlemen went to the trouble to post the ODWC land access in a earlier post or on another page. If you ever own a nice stretch of land along a creek or river, expect company on a daily basis.
In conclusion, the state of OK owns the water itself.
Joined
·
415 Posts
I understood your first post, but I don't think liability is the primary issue. I think the issue is they own it, and they want to have it for themselves and that people before have trashed their property, left open their gates, or have brought people that never had permission who now think they do have permission.
1 - 9 of 9 Posts
